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Law Educator, Esq., Attorney

Category: Business Law

Satisfied Customers: 94617

Experience: All corporate law, including non-profits and charitable fraternal organizations.

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For PaulMJD. Paul in reference to my last question I told you

Resolved Question:

For PaulMJD. Paul in reference to my last question I told you a little about the deposition of the officer that obtained the arrest warrant. I pointed some things out to the public defender representing the defendant in this case. And also brought up the probable cause hearing. I received a letter back from the PD. He again more or less tries the scare tactic with the pleas then says he will continue the trial date and file the appropriate motions to suppress and statements the defendant may have made during the interview with the officer. That wouldn't be going after the affidavit would it? Is a motion to suppress the way to go? Probable cause hearing and motion to suppress aren't the same thing are they?

There is a way to suppress the warrant and he should be filing a motion to suppress not only the statements of the defendant, but the warrant a well based on the inconsistent statements of the officer in their deposition. That is the first step in the process. If he cannot get them supressed, you can ask for the probable cause hearing to have the court decide on the probable cause and then to trial and at anytime in between all of this a deal can still be offered and/or negotiated.

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